Defendant

B shall be punished by a fine of 70,000 won.

Defendant

B If the above fine is not paid, KRW 50,000.

Punishment of the crime

A은 2013. 2. 1. 23:40경 광양시 마동에 있는 근린체육공원 주차장에서, 그 전날 고향선배인 피해자 E(35세)에게 후배들에게도 피해자가 개장한 도박판에서 돈을 벌 수 있게 해달라고 말했으나 피해자가 거절하였다는 이유로, 피해자의 멱살을 잡아 수회 흔들며 땅바닥에 넘어뜨린 후 피해자 몸 위에 올라타 움직이지 못하게 하고, 이 때 피고인 B은 자신의 차를 타고 위 주차장에 도착하여 차에서 내린 후 넘어져 있는 피해자의 머리를 1회 발로 찼다.

Accordingly, the defendant assaulted the victim jointly with A.

Summary of Evidence

1. Defendant B’s partial statement

1. Part of the oral statement of the accused A;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes concerning CCTV afforestation;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and (1) of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, the selection of a fine (the degree of participation in violence is not limited, the degree of participation in violence is not limited,

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant B and his defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, and his defense counsel’s determination as to the provisional payment order, and Defendant B and their defense counsel acknowledged the fact of supporting the victim’s head, but they do not assault the victim jointly with A.

For the purpose of Article 2 (2) of the Punishment of Violences, etc. Act, the term “jointness by two or more persons” means a case where several persons recognize a different person’s crime in the same opportunity at the same place, and used it to commit the crime (see, e.g., Supreme Court Decision 85Do325, Jun. 11, 1985). As to the instant case, the health unit and the following circumstances recognized by the evidence as mentioned above, namely, Defendant B and the victim, respectively.